A full-time judge states that a "rule recently adopted by the New York
State bar requires new attorneys to attend continuing education courses."
The inquirer seeks the advice of the Committee as to whether a judge may
properly take part in setting up and operating a commercial enterprise
offering on-line continuing education courses. It would be the intention
of the judge to join with the other judges in organizing and conducting
a for-profit entity that would offer such courses.

(3) A full-time
judge shall not serve as an officer director, manager, general partner,
adviser, employee or other active participant of any business entity...

In the opinion of the Committee, the proposed venture contravenes this
provision. The fact that the enterprise will be engaged in legal education
does not alter this conclusion. A full-time judge may, of course, teach,
speak, and write on the law, and be compensated for such an activity. 22
NYCRR 100.4(B); 100.4(H)(1); see e.g. Opinions 93-37 (Vol. XI); 92-05 (Vol.
IX). However, the proposal before the Committee goes well beyond a discrete
and limited event for which a payment is received. Rather, it involves
the judge joining together with others in an on-going entrepreneurial profit-making
venture presumably intended to be in existence for an indefinite period
extending over time. Such activity is not ethically permissible Matter
of Intemann, 73 NY2D 580, 581 (1989); Opinion 95-55 (Vol. XIII).